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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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Apr 20, 2013
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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holding up miranda warningings, the administration has done something i am relieved b. they seem to recognize you have to question these people . if they are willing to forgo. confessions. they can question him forever. two weeks and only thing that happens, they can't use that material in a criminal trial. they have plenty of other thing to convict him with. they can use for all intelligence. >> there are two ways to that result. convict him without his statement and since he made a confession that is admissible. he made it easier for you. >> you were quoting charles craught -- krauthammer. they want us dead and we have to realize a lot of people wantulse dead. >> it is a shame we need things to remind us of that. that has been true for 35 years. >> and you never let go of your resolve. mayor an honor. >> and another femo who warned about this. commander lipo, the r remember the uss cole predating 9/11. that was the terrorist real salvo to 9/11. he's next, after this. [ male announcer] surprise -- you're having triplets. [ babies crying ] surprise -- your house was bui
holding up miranda warningings, the administration has done something i am relieved b. they seem to recognize you have to question these people . if they are willing to forgo. confessions. they can question him forever. two weeks and only thing that happens, they can't use that material in a criminal trial. they have plenty of other thing to convict him with. they can use for all intelligence. >> there are two ways to that result. convict him without his statement and since he made a...
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Apr 20, 2013
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there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
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Apr 22, 2013
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 22, 2013
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miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
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Apr 23, 2013
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 23, 2013
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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Apr 23, 2013
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that president obama could order the assassination of if that person was in yemen, that person belongs in
they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try...
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they are suspects. >> they never showed signs of any violence or wanting to harm people. they were great members of our society. i remember a great friendly giant. he cared for people. more on the reserved side. they respected life at one point and i don't know what happened. >> joining me from boston is michael tracking the new leads and joining the fvgz former white house counter terrorism official, an nbc analyst. it is good to have you here. i think you can hear what the mom is saying and also what friends are saying. i want to start with you beca
tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they...
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look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into certain universities. that's true there is a hesitancy to jump on muslims as there is to jump on blacks. i mean, it's something that my side has condition the people to be very careful about that when i said something yesterday about student visas i will get into later in the show. i get jumped on my side. >> miranda bad idea or not. plenty of time to do it but they decided to do it last night. i'm assuming an correct me if i am wrong, you may know, this the department of justice pushed them to do that now. >> i would imagine. i give deference to th
i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into...
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get information to protect against a future tact tick that can't be used in the trial. don't you think the lawyer is going to say i'm not going to have my client talk to you unless you promise not to seek the death penalty? >> i would say that the senator from south carolina, i don't know how that was 'nibble this case. any defense lawyer, as they should to defend their client, there's no way they oill allow that individual who committed the terrorist attack in boston to speak to one investigator now if we get additional information, we have follow-up questions, without taking the death penalty off the table. >> so did t
recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get...
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you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve: you probably would have said let's call him an enemy combatant and then down the road, haul him into criminal court? >> yeah. i would mute my criticism of the administration in that regard. theres no current legal authority to try him any place other than civilian court. you can't try an american citizen by military commission. so he had to go to civilian court anyhow. >> steve: in the first world trade center bombing, the blind sheik was held responsible for that. but he's alive. he didn't wind up with the death penalty because on a federal level, it didn't exist back then. >>
you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve:...
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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Apr 21, 2013
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...
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Apr 22, 2013
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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Apr 23, 2013
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you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life. and there was this finding from the judge, and this one is important. quote, i find that the defendant is alert, mentally competent, and lucid. he is aware of the nature of the proceedings. okay? so that is the basis for the discussion. joined by retired superior court judge isaac borenstein in boston. he's done hospital visits over his 22 years as a judge. let us begin with the idea, confusion and frustration about miranda rights. give them right away, if you don't give them, then this prosecution is astray. what is the basic understanding o
you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life....
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Apr 23, 2013
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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Apr 20, 2013
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 22, 2013
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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Apr 21, 2013
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. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of ammunition, guns and working bombs these men had. they were so disciplined. >> any indication of another sleeper cell? >> right now, no evidence of a broader plot involving more people here, but law enforcement officials say they can't take that chance. the investigation is full tilt to find that out. >> okay, pierre, thanks very much. let's get more on this from our team of analysis from our team, dan abrams, brad garrett and richard clarke. dan, let me begin with you. the question about the questioning of the witness, at least at first he will not be read his miranda rights. >> that's rig
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of...
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there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement last night was commitment by the administration they'll go through normal criminal justice process. we have criminal statutes. >> instead of declaring him enemy combatant. >> i personally think it's absurd to be honest. he's here. he is u.s. citizenship and all of the evidence is necessary and it's an important statement especially after what the city went through to say, yep, now you're just a normal criminal and we're going to put you through the process. this national security exception i agree with tom, we do not know a lot of facts about the motivation and whether they had more plans for people. a lot of
there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights time to quote remain silent and then a follow up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos come bag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution because guess
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote...
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling him to quote remain silent and then followed up by saying if captured i hope administration will lease consider holding the boston suspect as enemy combatant for intelligence gathering purposes but some state representatives took the sentiment even further calling to actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution be
would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote...
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Apr 22, 2013
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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Apr 22, 2013
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so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to an al-qaeda plot, and they ordered people to stay inside so they were confident that there was no explosive devices to begin with. i think it was a show of force by the federal government to let everybody know that they were doing everything they can short of torture, which is now illegal, to get information out of him. >> cenk: let me see if i can take this to the next level. peter king said he should be a combatant. >> i want the intelligence to save americans lives. and that's the only way to do that effectively if he's treated as enemy combatant. >> there is fin
so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to...
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Apr 17, 2013
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because if you call it custody, like i said, you have to give miranda warnings. miranda is triggered when a person is in custody, is not able to leave. >> but that means, if they have that person in custody and they haven't read the miranda rights, in theory, that person could just get up and leave. >> no, they have somebody who's willing to be questioned. they have somebody -- you've seen this on television, right? a person willing to come down to the police station and be questioned. if the person is willing to be questioned and could leave if they wanted to, this is the definition, then he's not technically in custody and you don't have to give him miranda warnings. so they may have a situation where they're playing with somebody and somebody's playing with them, but it isn't quite custody. and they don't want to call it that or make it that, because, again, the lawyer walks in. >> i don't know if you've heard, we're looking at pictures to have the federal courthouse there in boston, but they had to evacuate that moments ago. nont know what that's about, and i
because if you call it custody, like i said, you have to give miranda warnings. miranda is triggered when a person is in custody, is not able to leave. >> but that means, if they have that person in custody and they haven't read the miranda rights, in theory, that person could just get up and leave. >> no, they have somebody who's willing to be questioned. they have somebody -- you've seen this on television, right? a person willing to come down to the police station and be...
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Apr 23, 2013
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for least 48 hours before miranda rights we given to him. lou: he was also under heavy sedation. i am not sure we can call that interrogation. >> we really don't know. if you recall there was not much said after he was arrested and nobody released information on his medical status at that particular point*. lou: we do know for a fact he had multiple gunshot unds and was near bleeding out as the expression goes. he was in very bad shape. but now let's turn to chicago. we have a situation since a 1978, a chicago police arresting shimmy my nails, 390 times since 1978. 83 alias common 92 theft. 65 disorderly conduct. what in the world is going on? >> accommodation, i don't know but it's a combination of a failure in the government, a failure of the jail system and a mental health problem. when you combine all three of those issues together this is what happens. this is not your typical situation. this is so extraordinary. when you have the problems this woman had with the overcrowding in the illinois state prison system. >> get has to cost a fortune. >> and you see the revolving door
for least 48 hours before miranda rights we given to him. lou: he was also under heavy sedation. i am not sure we can call that interrogation. >> we really don't know. if you recall there was not much said after he was arrested and nobody released information on his medical status at that particular point*. lou: we do know for a fact he had multiple gunshot unds and was near bleeding out as the expression goes. he was in very bad shape. but now let's turn to chicago. we have a situation...
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Apr 22, 2013
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after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot th
after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful...
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was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we focus on months that one suspect spent overseas rather than the years that both spent in the u.s. we assume a limited geography for the incubation of evil. so here we go. the crisis is over and the politics begin. folks, this is actually the most dangerous part. with me at the table today is msnbc contributor and georgetown university professor, michael eric dyson. valerie core, a writer and fi filmmak filmmaker. co-host of the cycle and robert pape, director of the project security and -- >> bb, let me start with you. what do you think happened this week? >> what i think happened is we had homegrown te
was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we...